Greenhaus v. American Progressive Health Ins.

In an action to recover expenses incurred by plaintiff during the period of his hospitalization, pursuant to the provisions of two insurance policies issued to him by the defendant insurance company, one for hospital and surgical expense and the other for hospital room expense, in which the defendant interposed (as to each such policy) defenses and counterclaims for rescission of said policies on the ground of plaintiff’s alleged fraudulent inducement thereof, plaintiff appeals from an order of the Supreme Court, Nassau County, dated February 26, 1962, which denied his motion for summary…